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May 31, 2009

Trooper trial: Will defendant testify?

Posted: 08:14 PM ET

CAPE MAY COURT HOUSE, New Jersey–Defense attorneys representing a New Jersey state trooper facing two counts of vehicular homicide after a crash that killed two teenagers hope to wrap up their case this week. The big question is whether the defendant, Robert Higbee, will take the stand. Others expected to testify in Higbee's defense are Bruce Siddle, an expert in cognitive and motor processing and the impact of stress on law enforcement officers, and several character witnesses.

Robert Higbee, seated right, next to his attorney

“Higbee was doing exactly as he was trained to do, exactly as he was expected to do,” according to Lt. Col. Frank Rodgers, who retired in 2007 as the head of the New Jersey State Police’s investigations branch. Rodgers told jurors that the trooper acted as any reasonable law enforcement officer would have in a similar situation.

Higbee was attempting to catch a speeding motorist when he went through a stop sign and struck a mini-van carrying Christina Becker, 19, and her sister Jacqueline, 17. The two were pronounced dead at the scene.

Prosecutors say the trooper was driving recklessly as he went into the intersection and should be held criminally responsible for the Beckers’ deaths. They say he either ignored the stop sign or should have known he was approaching it. During the prosecution’s case, experts testified Higbee was driving about 65 mph when the cars collided. The speed limit for the area is 35 mph.

A collision reconstruction expert for the prosecution also testified last week that the stop sign Higbee went through was fully visible from 350 feet away.

The defense contends Higbee did not see the stop sign until it was too late. They say poor visibility and the location of the stop sign are partially to blame. Rodgers told jurors it was his opinion that Higbee thought the stop sign at the next intersection was the one he should stop at.

Higbee faces up to 20 years in prison if he is convicted. Stay tuned to In Session for all the latest coverage of this case with correspondent Jean Casarez.

–In Session staff

Filed under: Uncategorized


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Glenn Thomson-Penticton BC   May 31st, 2009 11:41 pm ET

I still think that he is getting a raw deal. If the girls had their seatbelts on they may have been alive today. He has a job to do, sure it sounds harsh but these things happen. DEFENSIVE DRIVING, hello? Even though I have the right of way I always look for other drivers going through a stop sign, or red light. If he takes the stand it will be very hard for him I think. I say again, proximate cause, no chase, no accident. Blame the driver trying to avoid the Police. I have 35 years dealing with accidents.

Paul Berg   June 1st, 2009 12:24 am ET

Engagement in a pursuit does not give a law enforcement officer blanket permission to ignore traffic controls and engage in unsafe behavior which can place the public in jeopardy. Unfortunately, in this situation, this is exactly what happened with tragic consequences. Nevertheless, there are mitigating circumstances. Higbee was engaged in performing his duty as a law enforcement officer. His efforts, despite his poor judgment and deficient driving skills, were on the side of serving the public interest. Therefore I think that he should be held accountable, but not to the degree of spending years in prison. In my opinion he should be given a short, nominal jail sentence of no more than two or three months, several years of probation, be required to do several hundred hours of public service, and never again be allowed to wear the badge or work as a law enforcement officer.

Catherine Mambretti   June 1st, 2009 8:51 am ET

Please continue to stream live video of the NJ State Trooper Higbee trial. It's outcome has implications for law enforcement nationwide, where as the Fake Rockefeller trial does not.

Bruce I \\bbison   June 1st, 2009 10:27 am ET

Did the girls have on seat belts? In our sate we are required to weare a seat belt. All wearing a seat belt lived. How can you send a man to jail when one does not care enogh for their neck to hook their seat belt. Where were the lawyers on this question? Bruce

Annette   June 1st, 2009 12:10 pm ET

Is it necessary to keep the mother in the screen? I think it unfair to have to watch this woman's grief constantly.

Dr M. Johnston   June 1st, 2009 12:20 pm ET

I cannot understand why Robert Higbee is on the witness stand at his own trail and has absolutely no remorse for his lack of responsibility in operating his troop car , or for the devastation he has caused the family of these innocent girls.

Carole Halupke   June 1st, 2009 12:37 pm ET

My heart goes out to this mother but also to this state trooper.
This was a tragic accident. That's just what it was and he should
not be on trial. He was doing his job. I do believe that the state
should allow troopers to sound their sirens and flash their lights no
matter how far they are from the car they are persuing. We as citizens need this warning. Had the girls heard a siren and seen the lights they would have reacted and there would have been a different outcome. I pray he's not convicted because he is not guilty.

Denise Smith   June 1st, 2009 12:55 pm ET

What is putting this man in jail going to accomplish? Should we change the definition of "accident"?

virginia robertson   June 1st, 2009 1:08 pm ET

This trial "the trooper crash" is heartwrenching. This man should not be on trial for any kind of murder/homicide, period. This was a horrible accident for all involved. He and his family are and will be suffering for years to come over this tragedy, but you can tell by everything, his demeanor, his background, his lifestyle, and his service to community-this is a good man who simply crossed fate with these two beautiful teenage girls, nothing more, nothing less. This trooper is not a monster, and should not be on trial for something that happened in the course of his job.

Rcik   June 1st, 2009 1:20 pm ET

I was a police officer and I was never trained to run through stop signs and smash into innocent mototists. Does he deserve 20 years? probably not, as Leonard Little is still playing NFL football after killing someone while drunk driving. Does he deserve to be convicted of a crime? Yes, because he committed one.

Johnny Kay   June 1st, 2009 1:24 pm ET

This cop – like most cops – will be found not guilty – and then be laughing all the way to the bank when he turns around and sues the State of NJ for something. Typical above the law police mentality. Chasing a speeder – please – more interested in giving someone a ticket and a hassle than obeying laws – laws are only for the rest of us. RIP girls.

Larry   June 1st, 2009 1:28 pm ET

Let's face it. If it was anyone other than a police officer, he would be found guilty. If you drive that recklessly, you should be convicted. His job does not protect that. If anything, he should be trained in defensive driving, and be better than the rest of the public at it. Clearly, he is NOT!!!!

Marsha Riley   June 1st, 2009 1:28 pm ET

I feel the Trooper was at fault for the death of two girls. I would like to see him be treated as I would be if I had been the driver. if lights or seirn were on girls could have had a warning and pulled over and collision maybe could have been avoided. He is a trooper and they seem to get away with alot more than average citizen. My deepest sympathy goes out to family of victims.

Rena   June 1st, 2009 1:33 pm ET

He has every right to be on the stand. IF he slowed down and looked both ways, WHY didnt he see the van coming at him? HE SHOULD HAVE HAD HIS LIGHTS ON,, everyone stops for the police lights. Two girls might be alive today IF he had used his head. 20 yrs isnt enough time for him!!

max   June 1st, 2009 2:04 pm ET

he was doing his job

ERWIN SCHUYLER   June 1st, 2009 2:38 pm ET

if he THINKS he stopped at the stop sign how did he get back to 65 MPH in such a short time?

Jenny   June 1st, 2009 2:51 pm ET

This is such a tragedy and maybe things will change, but do they have to ruin this trooper's life as well? It was an "accident". I think this has no place in the criminal court system. I am sure this man will relive this and be traumatized by this the rest of his life. I cannot believe it has gone this far. He wasn't drunk or on drugs or, in my opinion, just carelessly running around...he was doing his job. If this man had the chance to go back in time and change this, I am sure he would. I am just astonished it has gone this far! My sympathy goes to the family of the sisters and to him and his family. What a mess this has been for everyone.

Ray Smith   June 1st, 2009 3:24 pm ET

Is no one paying attention, Troopers are prohibited from using lights and siren until they have closed the gap and he (Higbee) was in the process. There is enough blame to go around. Had the Grandparents NOT given the car to a kid with a restristed license this would NOT have happened. The passenger was NOT wearing a seatbelt and slammed into the driver. This guy was doing his job and I seriously doubt he had a death wish. The Grandparent, the speeder being chased and the officer share responsibility

John Lennon   June 1st, 2009 3:24 pm ET

Paul

Persuit is chasing someone refusing to stop, this trooper was closing the gap. They are two different things. I think it`s a shame that the judge will not allow the defense to present all the facts about the amount of wrecks at that intersection and the changing of the stop sign size and adding the blinking light. No matter if the defense attorney is out of line or not, the jury should have the facts in this case and stop all the guessing games.

Jeanelle Johnson   June 1st, 2009 3:41 pm ET

It is terrible what happened. And the tragedy continues with this farce of a trial. The judge is horrible in his rulings...what happened to impartiality? This is, was and will forever be a horrible accident. The person who should be on trial is the speeder. Also, there has to be additional accountability on the parts of those two dear sisters. When you don't seatbelt up, you put yourself in harms way. Who knows what the outcome could've been had they properly seatbelted up.

Mike L   June 1st, 2009 4:02 pm ET

Come one, everytime an officer gets caught doing something or other that is criminal, they attribute it to a "accident" OR "doing their job".
Let's be perfectly honest, if that was ME or YOU, we would be having our regular yard time by now.
Do I think he should get 15 or so years in jail, NO, however some serious punishment should be given.
So tired of hearing officers "slither" their way out of RESPONSIBILITY...

kathryn   June 1st, 2009 4:09 pm ET

I wish the Judge was more open to both sides. Just my view–but I think the judge has already made his decision. The Officer is guilty according to him there is no reason to have a jury.
If the Officer is found guilty, the Officer's GREAT DEFENSIVE ATTORNEY has an appeal.

lucy dickinson   June 1st, 2009 4:55 pm ET

Is the Trooper out on bail?

hf   June 1st, 2009 5:13 pm ET

Trooper Higbee is a good man, son, brother, husband and father! My heart goes out to both families. He is not a criminal. It was a tragic accident. He was doing his job. He should be found NOT guilty and let him move on with his life becasue this will be with him for the rest of his life! You can see the saddness all over his face. It's just so sad!

terri   June 1st, 2009 5:36 pm ET

Could not agree more with comment from Virginia Robertson. This is truly tragic for everyone involved in this "accident". I can only hope that true criminals are brought to trial and convicted in our "justice" system.

Becky   June 1st, 2009 6:27 pm ET

If this "husband, father, son, brother, TROOPER" had intent on this happening it would be one thing but as it is you can see that it was clearly an accident. I feel really bad for the mother but is this going to bring her children back? NO. Seatbelts and seatbelt laws are there for a reason, I just lost a nephew in an accident and have been informed IF he had been wearing a seatbelt it would have been a totally different outcome, as would this ACCIDENT. There were alot of little mistakes that met up at this intersection which turned it into this fatal ACCIDENT. There are faults on EVERYONE involved. 2 million dollars did not bring the girls back nor did it lighten the pain and neither will putting this human in jail. He will live with this for the rest of his life. Therefore, the mother and the HUMAN trooper already have a LIFE SENTENCE !

mike   June 2nd, 2009 11:16 am ET

please do not judge this trooper. I know that if I were the D.A. I wouldnt have even tried this case. I dont think for a minute that he completely ingnored the law at all. while its tragic in nature I just dont see him thinking that he went thru a stop and all others be dammed .. as the proscution has said. God Bless America. and the outcome of this trial

Kellie   June 2nd, 2009 11:33 am ET

This should not be a criminal case. It's a civil case!! To those individuals who say that the trooper should be treated like everyone else...He's not everyone else!!!! If a serious crime is ever committed against you or one of your loved ones, who are you going to call, "Just Anyone?" I don't see just anyone, putting on a uniform, strapping on a gun, and fighting the bad guys for you and I !!! A majority of our Law Enforcement Officers are former members of our military. ..Should they be treated just like anyone else?????

Rod Baker   June 2nd, 2009 12:41 pm ET

Are we going to see the cross examination by the Prosecuter of
Trooper Higby? I would like to see his reaction to hard questioning.
In my opinion I feel he is guilty of reckless driving.

Rod Baker

julianne bobich   June 2nd, 2009 1:04 pm ET

Wake up people, killing two people going after a speeding car through an intersection without using sound or lights is reckless, even an ambulance here in NJ uses its lights and sirenes when aproaching an intersection. My conclusion is he is guilty and any other law enforcement person would be if they did the same thing, he was not going after a murder suspect.
The burden should not be on a regular driver having to stop and look at every intersection when they have the right of way, even if the girls slowed down he still would have hit them and just because one of them did not have her seat belt on, they did not cause the accident, with seat belts on getting hit in the middle of the car you still go side to side.

N. Campbell   June 2nd, 2009 1:18 pm ET

As a mother of two daughters, I would be more than distroyed if this were to happen to my children...However, he did not intend to do this to these girls, he was doing his job. I also have issues with other circumstances; more than one vehicle collision, passenger not wearing seatbealt, what about the speeder? I think it is terribly sad, but pre-meditated murderers have spent less time in jail for their crimes. My prayers go out to the family.

N. Campbell   June 2nd, 2009 1:19 pm ET

I also wanted to comment that my husband and I missedan intersection collision with an officer going to the scene of an accident by just seconds. We all slammed on our breaks and breathed a sign of relief. He had no lights on, no siren, and kept on going... This happens a lot!

Paul Berg   June 2nd, 2009 1:42 pm ET

John

OK–"Closing the gap" does not give a police officer blanket permission to engage in unsafe acts and place the public in jeopardy.

DBTG   June 2nd, 2009 1:56 pm ET

ACCOUNTABILITY...Siren and lights on or off...Seatbelts....New driver laws...Double impact...visibility. Is the young new driver who was speeding after new driver curfew AND the catalyst in this tragedy responsible for any accountability.?..Do the PARENTS of new young drivers who do not uphold and enforce the new driver laws hold themselves accountable? At a known dangerous intersection that has had many terrible accidents...Is Upper Township Officials accountable for not improving the visibility of this intersection (which since has been upgraded) . Would the outcome have been different had the victims been wearing seatbelts? Horribly now it does not matter, these are all after the fact and many lives are changed forever in an unforgiving way. How does one factor determine blame? My heart goes out to all families involved , I weep for this TERRIBLY TRAGIC ACCIDENT.

Alice Autrey   June 3rd, 2009 9:55 am ET

What was the outcome of the trial. I had to miss a few days of the program. I do not think he should receive prison time. Please let me know if he did or not – thanks

William   June 4th, 2009 3:57 pm ET

So much for accepting responsibility for your actions.

Barry   June 5th, 2009 5:10 pm ET

This is crazy. From reading other coments I can see there are a variety of opinoins coming from all types of backgrounds. Lets put aside the fact the deceased should not have been driving by themselves and that they should have been wearing their seatbelts. If the trooper went through the stop sign without stopping without slowing/stopping or checking his surroundings then he is part of the blame. But lets look at the whole picture. You have a speeding motorist who is a deadly bullet looking for a victim. Then you have a TROOPER who was trying to do his job and stop that deadly bullet before it found a victim and now he's on trial for doing what he pledged to do. HIS JOB. It only makes me wonder, would we put the trooper on trial if he did not try to stop the speeding motorist and continued in his original path and then the speeding motorist kill someone in a crash.

Kurtis   June 9th, 2009 10:41 am ET

Being a police officer does not give you the right to break the law. He may have been 'closing the gap' but should have done so in a safe manner. You are a hypocrite if you speed almost double the speed limit, and blow through stop signs to try to pull over a speeder...this is what we call throwing the baby out with the bath water. In other words if you kill someone trying to make it safe for people you have gone wrong somewhere. Now it sounds like the girls were not suppose to be driving, and they share part of the blame, but i would say that they have already paid the price for their transgretion.

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